According to the Under CVC 21949, there are many laws that affect both a driver and a pedestrian. Among other considerations, a pedestrian accident lawyer will look over the following laws when determining who is at-fault:
- A driver must always yield the right-of-way to a pedestrian who is crossing a roadway within any marked or unmarked crosswalk at an intersection.
- A driver should never stop within a crosswalk. This will force the pedestrian to walk around the vehicle, which can be very dangerous.
- A pedestrian is never allowed to jaywalk. If a driver is involved in a collision because he or she was trying to avoid hitting a jaywalker, the jaywalking pedestrian would be held liable.
- A driver must never pass a vehicle stopped at a crosswalk. The stopped driver could be waiting for a pedestrian to cross safely.
- A driver can drive on a sidewalk only when entering or exiting a garage or alleyway. However, that driver must still yield to a pedestrian when doing so.
Anytime a driver fails to follow the right-of-way and causes a pedestrian accident, he or she may be held liable. Left-hand turn pedestrian accidents are so common because many drivers do not abide by safe driving laws. In California, a driver is required to signal about 100 feet before making a left turn. They are expected to check their surroundings to make sure it is safe for them to perform this action. Furthermore, they are encouraged not to cut the corner of an oncoming lane.
The above stated regulations are all crucial because they serve to let pedestrians know a driver is planning on making a left-hand turn. As mentioned, all drivers are responsible for looking out for any pedestrians in an intersection. On the other hand, a pedestrian has a duty of care, as well.
Therefore, it is possible for a pedestrian to share some degree of liability. For example, if a pedestrian was intoxicated or looking down at their phone when the accident took place, he or she will share some level of responsibility for causing a pedestrian accident.
California is a comparative liability state, which means that liability -- and any resulting damages -- will be based on an individual’s degree of fault. This means that an aggrieved pedestrian may still qualify for some damages even if he or she is found partially liable for contributing to a pedestrian accident.